Vendor – Terms and Conditions

TERMS AND CONDITIONS

Please read the following terms and conditions, by submitting this form you are agreeing to the terms and conditions of this agreement.

Submission of Application and application fees reserves a vendor space. Application is not considered complete until paid in full and accepted in writing by our staff.

Permits: Vendors must have a Santa Ana Business License or One-Day Peddler’s License from the City of Santa Ana at (714) 647-5840 for further information.

Booth Set Up: Shall take place day of the event Aug 13, 2016. Exact times will be sent out within your vendor package. Vendors must be set up and ready to receive customers by 11:00AM. All vendors must check in at a location to be designated in the Vendor Packet to be received by Aug 1st, 2016. Vehicles must be off site no later than 10:00AM.

Booth Take Down: Shall take place no earlier than 9:00 p.m. and no later than 10:30 p.m. No power tools or loud equipment shall be used during tear down. Arrangements to leave earlier must be requested in writing prior to the day of the festival.

Parking: Parking is the sole responsibility of the vendor. As the event is in the middle of a downtown, urban environment, it is important that all laws and signs posted by the city be followed at all times. The So-Cal Hoedown will not be liable for any citation or towing that may occur for failure to adhere to the law or other posted signs. Parking maps will be included in your vendor package.

Conduct: All exhibitors and all of their representatives shall conduct themselves at all times in accordance with the law and with normal standards of decorum and good taste. The So-Cal Hoedown reserves the right to eject from the festival grounds anyone violating those standards. Potentially offensive material will not be permitted to be sold, distributed, or displayed.

Alcohol Beverage: Alcoholic beverage sales or the giving away of alcohol is prohibited and will result in immediate ejection from the premises.

Trash: On-site waste receptacles are provided for festival attendees only. All vendors are responsible for the disposal of any accumulated waste on their own. Please leave your space clean.

Refund/Cancellation Policy: There is no policy for refunds or cancellation. Your booth is non-refundable.

The So-Cal Hoedown staff are planning what we hope will be a wonderful festival. However, we cannot and do not guarantee your sales or profits.

Confirmation: The So-Cal Hoedown Vendor Packet should be received no later than May 1st, 2016. If you have not received it by this date, please contact us immediately.

Assignment: Vendors shall not assign to a third party its rights hereunder to the booth or any portion thereof without the written consent of The So-Cal Hoedown, which consent maybe withhold at their discretion. If such consent is given, the applicant shall assume full responsibility for the conduct of the assignee.

Right of Publicity: All exhibitors and all of their representatives give The So-Cal Hoedown or their designees permission to use their voice, image, or likeness as it appears in any photographic, audio, or video recording in any manner and in all media in perpetuity.

Indemnification: The So-Cal Hoedown, Yost Theater, Sellout Productions, the City of Santa Ana, the event’s sponsors, any of their officers, agents, volunteers, employees, independent contractors or other representatives shall not be held liable for, and they are expressly released from, liability for any damage, loss, harm or injury to the person or property of exhibitor or any of its officers, agents, volunteers, employees, independent contractors or other representatives, resulting from theft, fire, water, accident or any other cause. Exhibitor shall indemnify, defend and hold harmless The So-Cal Hoedown, Yost Theater, Sellout Productions, the City of Santa Ana,, the event’s sponsors, and any of their officers, agents, volunteers, employees, independent contractors or other representatives

From and against any and all claims arising from any acts, failures to act, or negligence of exhibitor or any of its officers, agents, volunteers, employees, independent contractors or other representatives;

From and against any and all claims arising from the breach of, or default in the performance of any obligation on exhibitor’s part to be performed under, these terms and conditions; and c. From and against all costs, attorney’s fees, expenses, and liabilities incurred in the defense of any such claim or any action

Entire Agreement: These terms and conditions and application, if accepted by The So-Cal Hoedown, are the entire agreement between the parties, and supersedes and rescinds any prior agreement relating to the subject matter hereof. The So-Cal Hoedown make no warranties or agreements except as set forth herein.

Amendments/Interpretation: Any amendment to this contract must be in writing signed by both parties. The headings used in this agreement are for organizational purposes only and are not to be used in the interpretation of the substance of this agreement.

Governing Law/Jurisdiction: Each exhibitor waives any objection to jurisdiction of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction. These terms and conditions shall be governed by and construed according to the laws of the State of California, to the jurisdiction of which the parties hereto submit.

Severability: The invalidity of any term and condition, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.

Arbitration: Any controversy or claim arising out of or relating to these terms and conditions, or the breach hereof, shall be settled in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If a dispute arises out of or related to this contract, or the breach thereof, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association before resorting to arbitration. The Arbitrators may not award any remedy that a court could not award. The Arbitrators shall apply the law of e State of California.

Any Vendor that fails to comply with ANY of the provisions outlined herein shall be subject to exclusion from participation in future events. Any violation of the rules and regulations outlined herein will be grounds for revoking this LICENSE TO OCCUPY and The So-Cal Hoedown reserve the right to retain vendor booth fees.

I hereby confirm that the information provided on this application is, to the best of my knowledge, true and correct, and I further certify that I have read all of the information provided in this application and agree to comply with the Terms and Conditions provided.

It is agreed and understood that the completion of this application shall not be binding either to the proposed Vendor and The So-Cal Hoedown, until accepted in writing by The So-Cal Hoedown.